APPLICATION UNDER SECTION 151 CPC FOR ACCEPTING THE WRITTEN STATEMENT BEYOND THE PRESCRIBED PERIOD

 

🏛 IN THE COURT OF ___________

Civil Suit No. _______ of _______

In the matter of:
[Plaintiff’s Name] … Plaintiff
Versus
[Defendant’s Name] … Defendant

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APPLICATION UNDER SECTION 151 CPC FOR ACCEPTING THE WRITTEN STATEMENT BEYOND THE PRESCRIBED PERIOD

MOST RESPECTFULLY SHOWETH:

1. That the defendant was served with summons in the present suit on ____ / ____ / ______.

2. That as per Order VIII Rule 1 CPC, the written statement was required to be filed within 30 days, extendable up to 90 days from the date of service of summons.

3. That due to [mention sufficient cause: e.g., illness, change of counsel, administrative delays, inadvertent mistake, unavoidable circumstances], the defendant could not file the written statement within the prescribed period.

4. That the delay in filing the written statement is neither intentional nor deliberate nor due to any malafide, but is purely due to the reasons stated above.

5. That the defendant is keen to contest the present suit on merits and will suffer grave prejudice if the written statement is not taken on record.

6. That no prejudice will be caused to the plaintiff if the written statement is allowed to be filed, and the matter can be decided on its merits in the interest of justice.

7. That it is well-settled that the rules of procedure are handmaidens of justice and should not be used to defeat substantive rights (Kailash v. Nanhku, (2005) 4 SCC 480; Salem Advocate Bar Association (II) v. Union of India, (2005) 6 SCC 344).

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PRAYER

In view of the above, the defendant most respectfully prays that this Hon’ble Court may kindly:

a) Condone the delay in filing the written statement;
b) Accept the written statement filed by the defendant on record;
c) Pass such other or further orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.

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Place: ___________

Date: ___________

Defendant
(Through Counsel)
(Signature)

Counsel for the Defendant:
Name: ___________________
Address: _________________

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✅ Checklist for filing:

• Attach a copy of the written statement you want admitted.

• Attach supporting documents (if any) justifying the reason for delay (like medical certificate, correspondence, affidavit).

• Ensure the application is signed and verified properly.

Sample Format for Application (for condonation of delay) for written statement

 IN THE COURT OF ____________

Civil Suit No. _______ / ________

Application under Section 151 CPC for accepting written statement beyond time

Respectfully Submitted:

1. The defendant was served summons on ____.

2. Due to _______ (explain sufficient cause), the written statement could not be filed within the prescribed time.

3. The delay is neither intentional nor deliberate; no prejudice will be caused to the plaintiff.

4. In the interest of justice, the Hon’ble Court may kindly exercise discretion to allow the filing of the written statement.

PRAYER:

It is respectfully prayed that this Hon’ble Court may be pleased to:

(a) Condone the delay in filing the written statement.

(b) Accept the written statement on record.

(c) Pass such other order(s) as deemed fit.

Defendant (Through Counsel)

Date:

Model Arguments Against Delay (or in Commercial Disputes)

 

🔹 Model Arguments Against Delay (or in Commercial Disputes)

✅ Strict timeline under Commercial Courts Act

• Cite SCG Contracts India Pvt. Ltd. v. K.S. Chamankar Infrastructure Pvt. Ltd. (2019) 12 SCC 210.

• Argue: In commercial suits, written statement must be filed within 120 days; beyond that, the right is forfeited, and the court has no discretion.

✅ Legislative intent for speedy disposal

• The Commercial Courts Act aims to ensure time-bound, efficient proceedings; the defendant’s delay frustrates this objective.

✅ Precedent bars condonation

• As clarified in Bharat Kalra v. Raj Kishan Chhabra (2022), the Supreme Court emphasized that no further extension is permissible beyond 120 days.

✅ Delay is intentional / tactical

• Highlight any evidence suggesting that the delay was a deliberate attempt to stall or frustrate the suit.

Model Arguments for Delay in Filing Written Statement (Non-commercial suits)

 

🔹 Model Arguments for Delay in Filing Written Statement (Non-commercial suits)

✅ 1️⃣ Procedural law is directory, not mandatory

• Refer to Kailash v. Nanhku (2005) 4 SCC 480.

• Argue: Order VIII Rule 1 CPC is directory; courts have discretion to accept the written statement even beyond 90 days to avoid injustice.

✅ 2️⃣ No prejudice to the plaintiff

• The delay in filing does not prejudice the plaintiff’s substantive rights; the matter is still at the preliminary stage.

✅ 3️⃣ Exceptional / sufficient cause exists

• Provide valid reasons:

  • Illness of party or counsel.

  • Change of counsel.

  • Administrative/official delay in obtaining documents.

  • Genuine misunderstanding or inadvertence.

✅ 4️⃣ Principles of natural justice

• Denying the defendant’s right to defend on purely technical grounds would violate natural justice (audi alteram partem).

✅ 5️⃣ Procedural law is a handmaiden of justice

• As held in Salem Advocate Bar Assn. (II) v. Union of India (2005) 6 SCC 344, procedural rules are meant to advance justice, not defeat it.

✅ 6️⃣ No malafide or intentional delay

• Argue that the delay was not due to negligence, malafide, or deliberate tactics; the defendant is keen to contest fairly.

Key Judicial Precedents on Written Statements

 

⚖ Key Judicial Precedents on Written Statements

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✅ 1️⃣ Kailash v. Nanhku & Ors. (2005) 4 SCC 480

• Held: The time limits under Order VIII Rule 1 CPC (30 + max 90 days) are directory, not mandatory.

• Courts have discretion to accept a written statement even beyond 90 days if justified by special or exceptional circumstances.

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✅ 2️⃣ Salem Advocate Bar Association (II) v. Union of India (2005) 6 SCC 344

• Reiterated Kailash: Courts should not automatically shut out written statements after 90 days; procedural law is a handmaiden of justice, not its mistress.

• But litigants should not misuse the flexibility — routine delays will not be tolerated.

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✅ 3️⃣ SCG Contracts India Pvt. Ltd. v. K.S. Chamankar Infrastructure Pvt. Ltd. (2019) 12 SCC 210

• Important for commercial disputes: Under the Commercial Courts Act, 2015, the 120-day timeline is mandatory.

• If the written statement is not filed within 120 days, the right is forfeited, and the court has no discretion to allow it later.

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✅ 4️⃣ Desh Raj v. Balkishan (2020) 2 SCC 708

• Courts cannot strike off the defense or close the right to file written statement in a mechanical manner.

• Even if delayed, courts must consider if there’s sufficient cause shown.

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✅ 5️⃣ Zolba v. Keshao & Ors. (2008) 11 SCC 769

• Even in cases where time limits are relaxed, the defendant cannot be casual or negligent.

• Filing written statements should be done diligently, respecting timelines.

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✅ 6️⃣ M/s. Bihar Rajya Bhumi Vikas Bank Samiti v. State of Bihar & Ors. (2018) 9 SCC 472

• Filing of written statement beyond prescribed period under special enactments (like cooperative society laws) cannot be condoned if the law specifically bars it.

• Procedural relaxations under CPC do not override special statutes.

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🛑 Key Takeaways

• Regular civil suits → 30 days + up to 90 days (relaxable in rare cases).

• Commercial suits → strict 120-day cap (no relaxation).

• Courts have discretion but expect diligence + valid reasons; casual delay won’t be entertained.

WRITTEN STATEMENT ON BEHALF OF THE DEFENDANT

 

🏛 IN THE COURT OF ____________

(Case Title)
Suit No. _________ of _________

Between:
[Plaintiff’s Name],
… Plaintiff

Vs.

[Defendant’s Name],
… Defendant

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WRITTEN STATEMENT ON BEHALF OF THE DEFENDANT

1. Preliminary Submissions:
   Without prejudice to the rights and contentions and reserving the right to file additional pleadings and submissions, the Defendant respectfully submits this Written Statement.

2. Para-wise Reply:

Para No. (of Plaint)	Reply
Para 1	The contents of Para 1 are admitted to the extent they are matter of record; the rest are denied.
Para 2	The contents of Para 2 are denied for want of knowledge; the Plaintiff is put to strict proof.
Para 3	The Defendant denies the allegations made in Para 3 as false and baseless. The correct facts are that… (provide your version).
Para 4	The contents of Para 4 are wrong and denied. The Defendant states that… (provide explanation or defense).
Para 5	The contents of Para 5 are admitted/denied as per record… (respond specifically).

(Continue for all paragraphs of the plaint.)

3. Preliminary Objections / Defenses:
   a) The suit is not maintainable on facts and law.
   b) The suit is barred by limitation (if applicable).
   c) The Plaintiff has not come to court with clean hands and has suppressed material facts.
   d) There is no cause of action against the Defendant.
   e) (Any other objections, such as lack of jurisdiction, misjoinder, etc.)

4. Without Prejudice Statement:
   Without prejudice, the Defendant submits that even if the Plaintiff’s allegations are assumed (which is denied), the Defendant is not liable because… (briefly outline your key defenses).

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PRAYER

In view of the above, the Defendant humbly prays that this Hon’ble Court may be pleased to:
a) Dismiss the suit with costs;
b) Grant any other relief(s) as deemed fit in the interest of justice.

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Place: ___________

Date: ___________

Defendant
(Through Counsel)
(Signature)

Advocate for Defendant
(Name and Address)

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🔹 Checklist before filing:

✅ Attach the Vakalatnama (if appearing through advocate).
✅ Affidavit verifying the written statement.
✅ File within the prescribed time limit.

Written Statement Deadline Tracker

 

📝 Written Statement Deadline Tracker

✅ Case Title / Number: ___________________________
✅ Court: ___________________________
✅ Plaintiff: ___________________________
✅ Defendant: ___________________________

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🔹 Step 1: Date of Service of Summons

👉 Date received by defendant: ____ / ____ / ______
(Write the exact date when the summons was served)

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🔹 Step 2: Calculate Deadlines

• ⏳ Initial deadline (30 days): ____ / ____ / ______

• ⏳ Maximum extension (90 days, civil cases): ____ / ____ / ______

• ⏳ For commercial disputes (max 120 days): ____ / ____ / ______

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🔹 Step 3: Track Filing Status

• 📦 Drafting started? ✅ / ❌ → Date: ___________

• ✏ Draft completed? ✅ / ❌ → Date: ___________

• 📤 Filed in court? ✅ / ❌ → Date: ___________

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🔹 Step 4: Court Orders (if any extensions sought)

• Has an extension been requested? ✅ / ❌ → Date: ___________

• Court’s order recorded? ✅ / ❌ → Notes: _________________________

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⚠ Important Reminders:

• ⏰ Don’t delay! Courts now frown upon casual delays, especially in commercial disputes.

• 📎 Keep all proofs of service (postal receipts, acknowledgment) attached.

• 🗂 Maintain a separate folder/file for each case to track deadlines properly.

The time frame for filing a written statement in a civil suit is governed mainly by Order VIII Rule 1 of the Code of Civil Procedure, 1908 (CPC)

 The time frame for filing a written statement in a civil suit is governed mainly by Order VIII Rule 1 of the Code of Civil Procedure, 1908 (CPC).

Here’s the breakdown:

✅ Normal time frame → 30 days from the date of service of summons on the defendant.

✅ Extension allowed → The court may allow up to 90 days from the date of service of summons for reasons to be recorded in writing.

✅ Commercial disputes (under Commercial Courts Act, 2015) → Strict timeline:

• Written statement must be filed within 30 days,

• Maximum permissible extension up to 120 days,

• Beyond 120 days, the right to file written statement is forfeited (no discretion to extend further).

The Bharatiya Sakshya Adhiniyam (BSA), 2023

 

The Bharatiya Sakshya Adhiniyam (BSA), 2023 is India's updated evidence law, replacing the colonial-era Indian Evidence Act of 1872. Enacted alongside the Bharatiya Nyaya Sanhita (BNS) and Bharatiya Nagarik Suraksha Sanhita (BNSS), it came into force on July 1, 2024, aiming to modernize the legal framework in line with technological advancements and contemporary societal needs.

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📘 Key Features of the Bharatiya Sakshya Adhiniyam, 2023

1. Recognition of Digital and Electronic Evidence

• The BSA explicitly includes electronic records—such as emails, server logs, text messages, and social media posts—within the definition of "documents" and "evidence."

• These digital records are now considered primary evidence, provided they meet standards of authenticity and integrity.

• The Act introduces advanced forensic techniques, like cryptographic hash values, to authenticate digital records, ensuring their reliability in legal proceedings. 

2. Expanded Scope of Secondary Evidence

• The definition of secondary evidence has been broadened to include oral and written admissions, as well as expert analyses of documents that cannot be conveniently examined in court.

• This expansion facilitates the admissibility of various forms of evidence, enhancing the flexibility and efficiency of legal proceedings. 

3. Enhanced Witness Protection Measures

• The BSA provides robust protections for witnesses, including provisions for anonymity, relocation, and security arrangements in sensitive cases.

• It allows for testimony via video conferencing, especially for vulnerable witnesses like children or victims of sexual offenses, reducing potential trauma and ensuring their safety. 

4. Modernized Language and Terminology

• The Act replaces archaic colonial terms with contemporary, gender-sensitive language, making the law more accessible and reflective of modern values.

• For instance, terms like "lunatic" have been replaced with "person of unsound mind," and "vakil" or "pleader" with "advocate." 

5. Revised Provisions on Confessions and Custodial Statements

• Confessions made under inducement, threat, or coercion are deemed inadmissible, reinforcing the rights of the accused.

• The Act maintains that information obtained from an accused in police custody is admissible only if it directly relates to a fact discovered, ensuring a balance between effective law enforcement and individual rights. 

⚖️ Structural and Procedural Updates

• The BSA comprises 170 sections, introducing new provisions and modifying existing ones to align with current legal requirements.

• It harmonizes with the Information Technology Act, 2000, ensuring consistency in the treatment of electronic records across different legal statutes. 

The Bharatiya Nyaya Sanhita (BNS), 2023

 The Bharatiya Nyaya Sanhita (BNS), 2023 is India's new criminal code, enacted to replace the colonial-era Indian Penal Code (IPC) of 1860. It was passed by Parliament in December 2023 and came into effect on July 1, 2024 .

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📘 Key Highlights of the Bharatiya Nyaya Sanhita, 2023

• Structure: The BNS comprises 20 chapters and 358 sections, maintaining a structure similar to the IPC but with significant updates .

• New Offences Introduced:

  • Organised crime and terrorism are now explicitly defined and penalized.

  • Cybercrime and financial fraud have been incorporated to address modern technological challenges.

  • Environmental pollution and human trafficking are recognized as specific offences.

  • Murder or grievous hurt by a group on certain grounds is now an offence with stringent penalties .

• Sedition Repealed: The colonial-era offence of sedition has been removed. Instead, a new offence addresses acts endangering the sovereignty, unity, and integrity of India .

• Punishment Reforms:

• • Community service has been introduced as a form of punishment for certain offences.

  • Mandatory minimum punishments have been established for 23 offences.

  • Penalties have been increased for 33 offences, and fines have been raised for 83 offences .

• Gender Neutrality: The BNS introduces gender neutrality for perpetrators under Sections 76 and 77, and for victims under Section 141 .

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📚 Related Reforms

The BNS is part of a broader initiative to modernize India's criminal justice system, alongside:

• Bharatiya Nagarik Suraksha Sanhita, 2023: Replaces the Code of Criminal Procedure.

• Bharatiya Sakshya Adhiniyam, 2023: Replaces the Indian Evidence Act.

These reforms aim to create a more efficient, transparent, and citizen-centric legal framework.

Section 114 of the Bharatiya Nyaya Sanhita (BNS), 2023

 Section 114 of the Bharatiya Nyaya Sanhita (BNS), 2023 defines the offense of "Hurt".

🔹 Legal Definition

"Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt." 

This provision establishes the basic definition of "hurt" under Indian criminal law, focusing on the physical impact on an individual.

🔍 Key Elements

Bodily Pain: Any physical discomfort or suffering inflicted upon a person.

Disease: The transmission or infliction of any illness or medical condition.

Infirmity: Any impairment of physical or mental health or strength.

It's important to note that this section provides the foundational definition of "hurt" and does not specify punishments. The subsequent sections in the BNS elaborate on offenses related to hurt and their corresponding penalties:

Section 115: Voluntarily causing hurt.

Section 116: Grievous hurt.

Section 117: Voluntarily causing grievous hurt.

Section 118: Voluntarily causing hurt or grievous hurt by dangerous weapons or means.

Section 119: Voluntarily causing hurt or grievous hurt to extort property or to constrain to an illegal act.

Section 120: Voluntarily causing hurt or grievous hurt to extort confession or to compel restoration of property.

Section 121: Voluntarily causing hurt or grievous hurt to deter public servant from his duty.

Section 122: Voluntarily causing hurt or grievous hurt on provocation.

Section 123: Causing hurt by means of poison, etc., with intent to commit an offense.

Section 124: Voluntarily causing grievous hurt by use of acid, etc.

Section 125: Act endangering life or personal safety of others.

These sections provide detailed explanations and stipulate the punishments for various offenses related to hurt.

Section 224 of the Bharatiya Nyaya Sanhita (BNS), 2023

 Section 224 of the Bharatiya Nyaya Sanhita (BNS), 2023 addresses the offense of attempting to commit suicide with the intent to compel or restrain a public servant from performing their lawful duties.

🔹 Legal Provision

According to Section 224:

"Whoever attempts to commit suicide with the intent to compel or restrain any public servant from discharging his official duty shall be punished with simple imprisonment for a term which may extend to one year or with fine or with both or with community service." 

⚖️ Key Elements

• Act: Attempting to commit suicide.

• Intent: To compel or restrain a public servant from performing their lawful duties.

• Punishment: Simple imprisonment up to one year, or fine, or both, or community service.

🧾 Context and Significance

This provision aims to prevent individuals from using the threat or act of suicide as a means to influence or obstruct public servants in the execution of their official responsibilities. It underscores the importance of allowing public servants to perform their duties without undue pressure or coercion.

Section 75 of the Bharatiya Nyaya Sanhita (BNS), 2023

 Section 75 of the Bharatiya Nyaya Sanhita (BNS), 2023 addresses the offense of sexual harassment. This provision outlines specific acts that, when committed by a man, constitute sexual harassment. It aims to protect individuals, particularly women, from inappropriate and harmful behavior, ensuring accountability for such acts.

🔹 Key Provisions of Section 75

Under Section 75, a man is said to commit sexual harassment if he engages in any of the following acts:

1. Physical contact and advances involving unwelcome and explicit sexual overtures

2. A demand or request for sexual favours

3. Showing pornography against the will of a woman

4. Making sexually coloured remarks

These acts are recognized as offenses under this section, aiming to deter such behavior and provide legal recourse to victims.

⚖️ Legal Classification and Punishment

The legal classification and punishment for offenses under Section 75 vary based on the specific act committed:

• Offense: Sexual harassment involving physical contact, advances, demands for sexual favours, or showing pornography against a woman's will

  • Punishment: Imprisonment up to 3 years, or with fine, or both

  • Cognizable: Yes

  • Bailable: Yes

  • Triable by: Any Magistrate

• Offense: Making sexually coloured remarks

  • Punishment: Imprisonment up to 1 year, or with fine, or both

  • Cognizable: Yes

  • Bailable: Yes

  • Triable by: Any Magistrate

These classifications ensure that the severity of the punishment corresponds to the nature of the offense committed.

📚 Additional Context

Section 75 is part of Chapter V of the Bharatiya Nyaya Sanhita, 2023, which deals with offenses against women and children, specifically focusing on sexual offenses. This section replaces and updates provisions from the Indian Penal Code (IPC), aligning with contemporary standards to provide clearer legal definitions and stronger protections against sexual harassment.

For a detailed reading of the Bharatiya Nyaya Sanhita, 2023, you can refer to the official document provided by the Ministry of Home Affairs: 

A contract is a promise or set of promises that the law will enforce

 A contract is a legally enforceable agreement between two or more parties that creates mutual obligations.

In simple terms:
👉 A contract is a promise or set of promises that the law will enforce.

For something to be considered a valid contract, it usually needs these key elements:

✅ Offer — One party offers something (goods, services, money, etc.)
✅ Acceptance — The other party agrees to the offer
✅ Consideration — Something of value is exchanged (not always money; it can be a promise, service, or act)
✅ Intention to create legal relations — Both parties intend for the agreement to be legally binding
✅ Capacity — The parties must be legally capable (e.g., of sound mind, not minors)
✅ Legality — The purpose of the contract must be lawful

Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023

 

📘 Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023

Title: Order for Maintenance of Wives, Children, and Parents

Chapter: Chapter X

Corresponding to: Section 125 of the Code of Criminal Procedure (CrPC), 1973

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📝 Key Provisions:

1. Obligation to Maintain:

   • A person with sufficient means who neglects or refuses to maintain:

     • His wife, unable to maintain herself;

     • His legitimate or illegitimate child, whether married or not, unable to maintain itself;

     • His legitimate or illegitimate child (not being a married daughter) who has attained majority but is unable to maintain itself due to physical or mental abnormality or injury;

     • His father or mother, unable to maintain themselves.

2. Magistrate's Authority:

   • A Magistrate of the first class may, upon proof of such neglect or refusal, order the person to make a monthly allowance for the maintenance of the wife, child, father, or mother at a rate the Magistrate deems fit.

3. Interim Maintenance:

   • During the pendency of proceedings, the Magistrate may order the person to make a monthly allowance for interim maintenance and the expenses of the proceedings, which should be disposed of as far as possible within sixty days from the date of service of notice.

4. Enforcement:

   • If the person fails to comply with the order without sufficient cause, the Magistrate may issue a warrant for levying the amount due and may sentence the person to imprisonment for a term which may extend to one month or until payment is made.

5. Conditions for Wife's Entitlement:

   • A wife shall not be entitled to receive maintenance if she is living in adultery, refuses to live with her husband without sufficient reason, or if they are living separately by mutual consent.

6. Cancellation of Order:

   • On proof that the wife is living in adultery, refuses to live with her husband without sufficient reason, or is living separately by mutual consent, the Magistrate shall cancel the order.

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⚖️ Comparison with Section 125 CrPC:

Aspect	Section 125 CrPC (1973)	Section 144 BNSS (2023)
Scope of Maintenance	Wife, children, parents	Wife, children, parents
Interim Maintenance	Not explicitly provided	Explicitly provided
Enforcement	Warrant for levy and imprisonment	Warrant for levy and imprisonment
Conditions for Wife's Entitlement	Not specified	Specifies conditions under which a wife is not entitled to maintenance
Cancellation of Order	Not specified	Specifies grounds for cancellation of order

APPLICATION UNDER SECTION 163(5) BNSS, 2023

 

APPLICATION UNDER SECTION 163(5) BNSS, 2023

(For Rescission or Alteration of Preventive Order)

To,
The Executive Magistrate
[Office Address]
[District Name], [State]

Date: [Insert Date]

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Subject: Application for rescission/alteration of order passed under Section 163 BNSS, 2023

Respected Sir/Madam,

I, [Your Name], son/daughter of [Parent’s Name], resident of [Full Address], most respectfully submit as follows:

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1️⃣ Facts of the Case:

• That your office issued an order dated [mention date of order] under Section 163 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which directs [briefly describe what the order prohibits or mandates — e.g., prohibition on public gathering, restriction on movement, order to close certain premises, etc.].

• That I am directly affected by this order as [explain your connection — e.g., local resident, business owner, organizer of event, etc.].

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2️⃣ Grounds for Rescission/Alteration:

I respectfully submit that the said order:

• Was passed without sufficient factual basis or material evidence justifying the urgency or danger.

• Causes disproportionate harm to my lawful activities or fundamental rights under Articles 19(1)(a), (b), (c) of the Constitution.

• Is based on misapprehension/misrepresentation of facts; the actual situation on ground is peaceful and under control.

• Alternative, less restrictive measures are available that can address any legitimate concern without blanket prohibitions.

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3️⃣ Prayer:

In light of the above, I humbly request your good office to:

• Rescind the order dated [date] under Section 163 BNSS, 2023; or

• Modify/alter the scope of the order to reasonably balance public safety with individual rights; and

• Pass any other appropriate relief as deemed fit.

I am ready to appear personally or through counsel and assist the proceedings. Kindly provide me an opportunity of hearing before final disposal of this application, as required under Section 163(5).

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Enclosures:

• Copy of the Section 163 order

• Proof of identity

• Supporting documents/evidence (if any)

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Thanking you,
Yours sincerely,
[Your Name]
[Your Contact Number & Email]

Practical Steps for Using or Responding to Section 163 BNSS, 2023

 

⚡ Practical Steps for Using or Responding to Section 163 BNSS, 2023

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✅ If you are seeking an order under Section 163 (applicant side):

1️⃣ Prepare a detailed application

• Clearly describe the urgency or danger (to life, safety, health, tranquility)

• Attach supporting materials: complaints filed, photos, news clippings, witness statements

• Specify the relief you want: prohibit someone from doing something, regulate access, restrict movement, etc.

2️⃣ File before the right Magistrate

• District Magistrate (DM), Sub-Divisional Magistrate (SDM), or specially empowered Executive Magistrate

• File in writing, submit copies, and keep acknowledgment

3️⃣ Follow up

• Magistrate can issue ex parte (without hearing the other side) in urgent cases

• Ask for certified copy of the order once issued

• Provide copy to police or local administration if needed for enforcement

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✅ If you are affected by a Section 163 order (opposing side):

1️⃣ Get a copy of the order

• You have the right to know the reasons and the facts behind the order

• Check whether the order was served properly

2️⃣ Apply for rescission or alteration

• Under Section 163(5): File an application before the Magistrate

• Under Section 163(6): If the order was extended by state, apply to the State Government

3️⃣ Prepare your defense

• Show that there is no real urgency or danger

• Provide evidence that the facts were misrepresented or exaggerated

• Argue proportionality — that the order disproportionately affects your lawful rights

4️⃣ Get a hearing

• The Magistrate or State Government must give you a chance to appear (in person or through advocate)

• If they reject your application, they must record reasons in writing

5️⃣ Challenge in court (if needed)

• If the rescission is denied, you can approach the High Court under writ jurisdiction (Article 226) to challenge the legality or constitutionality of the order

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⏰ Key Timelines to Remember

• Initial Section 163 order: Valid up to 2 months

• State extension (if issued): Max additional 6 months

• Apply for rescission/alteration: Immediately after receiving the order

• Hearing opportunity: Must be given before rejection

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🔑 Best Practices

✔ Always maintain documentation (copy of order, application, evidence)
✔ Act quickly — these are urgent, time-bound matters
✔ Keep communication with local police or administration for on-ground clarity
✔ Get legal help if the order impacts your fundamental rights

some recent rulings from the Supreme Court and various High Courts concerning Section 144 of the Criminal Procedure Code (CrPC)

 some recent rulings from the Supreme Court and various High Courts concerning Section 144 of the Criminal Procedure Code (CrPC), which has been succeeded by Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. These judgments provide insights into the application and limitations of such preventive measures:

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🏛️ Supreme Court Rulings

1. Aruna Roy & Anr. v. Union of India (2024)

• Context: District Magistrates in Rajasthan imposed Section 144 orders prohibiting public gatherings during the Lok Sabha elections.

• Ruling: The Supreme Court directed that applications for public meetings, such as democracy yatras, must be decided within three days. The Court emphasized that blanket prohibitions without specific reasoning are not permissible. 

2. State of Jharkhand v. Nishikant Dubey & Ors. (2025)

• Context: The Jharkhand government challenged the High Court's quashing of cases against BJP leaders accused of violating Section 144 during a protest.

• Ruling: The Supreme Court criticized the habitual use of Section 144 to curb protests, stating that such misuse sends a wrong signal and undermines democratic rights. 

⚖️ High Court Rulings

1. Calcutta High Court – Sandeskhali Case (2024)

• Context: An order under Section 144 CrPC was imposed in the Sandeskhali Police Station area.

• Ruling: The Court quashed the order, citing lack of proper reasoning and directed the state to issue more focused orders targeting specific disturbance areas rather than blanket restrictions. 

2. Calcutta High Court – Political Rally Ban (2023)

• Context: A political rally was banned under Section 144(2) CrPC.

• Ruling: The Court emphasized that such orders cannot be issued hastily and must be based on careful consideration, especially when fundamental rights are at stake. 

3. Madras High Court – Public Assembly Without Prohibitory Order (2024)

• Context: Individuals assembled and demonstrated against the police without any prohibitory order in place.

• Ruling: The Court held that in the absence of a Section 144 order, such assemblies are not illegal and do not constitute an offense. 

4. Punjab & Haryana High Court – Peaceful Protest (2023)

• Context: Political leaders were booked for allegedly violating Section 144 orders during a peaceful protest.

• Ruling: The Court quashed the FIRs, stating that peaceful protests do not amount to an offense under Section 188 IPC, even if conducted during Section 144 restrictions. 

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🔍 Key Takeaways

• Specificity Required: Courts have consistently held that orders under Section 144 must be specific and based on concrete evidence or reasoning. Blanket orders are generally disfavored.

• Protection of Fundamental Rights: The judiciary emphasizes the need to balance preventive measures with the protection of fundamental rights, such as the right to assemble and protest.

• Judicial Oversight: There is a clear trend of courts scrutinizing the use of Section 144 to prevent its misuse and ensure it is applied appropriately.

Key Case Law on Section 144 CrPC (relevant to Section 163 BNSS)

 

📚 Key Case Law on Section 144 CrPC (relevant to Section 163 BNSS)

✅ 1️⃣ Madhu Limaye v. Sub-Divisional Magistrate, Monghyr (1970) 3 SCC 746

• 🔹 Supreme Court held that Section 144 is not unconstitutional; it’s a reasonable restriction under Article 19(2) of the Constitution.

• 🔹 It’s meant for urgent prevention or speedy remedy, but cannot be used casually or routinely — the Magistrate must apply mind to whether immediate action is necessary.

✅ 2️⃣ Gulam Abbas v. State of U.P. (1981) 1 SCC 71

• 🔹 Section 144 orders are preventive, not punitive — they aim to prevent breaches of peace, not punish past behavior.

• 🔹 Court emphasized the Magistrate’s discretion but warned against using the section as a blanket prohibition without specific reasons.

✅ 3️⃣ Acharya Jagdishwaranand Avadhuta v. Commissioner of Police, Calcutta (1983) 4 SCC 522

• 🔹 The Court said reasonable apprehension is enough; actual violence need not occur.

• 🔹 However, the apprehension must be based on concrete material — vague or general fears are not enough.

✅ 4️⃣ Ramlila Maidan Incident (In re), (2012) 5 SCC 1

• 🔹 Supreme Court condemned police high-handedness under Section 144, saying peaceful protest is a constitutional right.

• 🔹 Magistrate’s power under Section 144 cannot override fundamental rights unless there is clear danger to public order.

✅ 5️⃣ Babulal Parate v. State of Maharashtra (1961) AIR SC 884

• 🔹 Held that urgency and immediacy are the key tests under Section 144.

• 🔹 Magistrate’s satisfaction must be genuine and well-founded; otherwise, the order can be challenged.

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✏️ Key Legal Principles Carried Forward into Section 163 BNSS, 2023

✅ Preventive, not punitive
✅ Must address urgency and immediate risk
✅ Must balance against fundamental rights (Article 19)
✅ Specific reasons must be recorded in the order
✅ Duration limited: 2 months + max 6 months extension by state

Sample Application under Section 163 BNSS, 2023

 

Sample Application under Section 163 BNSS, 2023

To,
The Executive Magistrate
[Office Address]
[District Name], [State]

Date: [Insert Date]

Subject: Application under Section 163 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for issuance of urgent preventive order

Respected Sir/Madam,

I, [Your Name], son/daughter of [Parent’s Name], resident of [Full Address], respectfully submit this application under Section 163 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking urgent preventive action in the interest of public safety and tranquility.

Facts of the Case:

1. That there exists a situation in [mention locality/area] where [briefly describe the incident or condition — e.g., unlawful assembly, construction blockage, threat of communal tension, planned violent protest, obstruction on public road, etc.].

2. That the said situation is causing/likely to cause obstruction, annoyance, injury, or danger to human life, health, safety, or is likely to disturb public tranquility, and immediate preventive measures are required.

3. That despite repeated requests/complaints to the concerned authorities, no effective remedial steps have been taken so far, and there is a risk of the situation escalating into a law and order issue.

Prayer:

In view of the above, I kindly request your good office to:

• Exercise powers under Section 163 BNSS, 2023;

• Pass an urgent written order directing [mention the specific party or general public, as applicable] to abstain from [mention the harmful act] or to take such measures as deemed necessary regarding the management of the concerned property/situation;

• Take any other appropriate action necessary in the interest of public safety, health, and peace.

Enclosures:

• Copy of ID proof

• Supporting evidence (photographs, complaints filed, witness statements, etc.)

I will remain grateful for your prompt and necessary action.

Thanking you,
Yours sincerely,
[Your Name]
[Your Contact Details]

Section 163 – Power to issue order in urgent cases of nuisance or apprehended danger

 

Section 163 – Power to issue order in urgent cases of nuisance or apprehended danger

(1) In cases where, in the opinion of a District Magistrate, a Sub-divisional Magistrate or any other Executive Magistrate specially empowered by the State Government in this behalf, there is sufficient ground for proceeding under this section and immediate prevention or speedy remedy is desirable, such Magistrate may, by a written order stating the material facts of the case and served in the manner provided by this Sanhita, direct any person to abstain from a certain act or to take certain order with respect to certain property in his possession or under his management, if such Magistrate considers that such direction is likely to prevent, or tends to prevent, obstruction, annoyance or injury to any person lawfully employed, or danger to human life, health or safety, or a disturbance of the public tranquility, or a riot, or an affray.

(2) An order under this section may, in cases of emergency or in cases where the circumstances do not admit of the serving in due time of a notice upon the person against whom the order is directed, be passed ex parte.

(3) An order under this section may be directed to a particular individual, or to persons residing in a particular place or area, or to the public generally when frequenting or visiting a particular place or area.

(4) No order under this section shall remain in force for more than two months from the making thereof:

Provided that if the State Government considers it necessary so to do for preventing danger to human life, health or safety or for preventing a riot or any affray, it may, by notification, direct that an order made by a Magistrate under this section shall remain in force for such further period not exceeding six months from the date on which the order made by the Magistrate would have, but for such order, expired, as it may specify in the said notification.

(5) Any Magistrate may, either on his own motion or on the application of any person aggrieved, rescind or alter any order made under this section by himself or any Magistrate subordinate to him or by his predecessor-in-office.

(6) The State Government may, either on its own motion or on the application of any person aggrieved, rescind or alter any order made by it under the proviso to sub-section (4).

(7) Where an application under sub-section (5) or sub-section (6) is received, the Magistrate or the State Government, as the case may be, shall afford to the applicant an opportunity of appearing before it either in person or by an advocate and showing cause against the order; and if the Magistrate or the State Government, as the case may be, rejects the application wholly or in part, it shall record in writing the reasons for so doing.

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This section empowers Executive Magistrates to issue immediate orders in urgent situations to prevent public harm or disturbances. It is analogous to the former Section 144 of the Code of Criminal Procedure (CrPC), 1973, and is designed to address scenarios involving potential threats to public safety, health, or tranquility.

Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023

 Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 is essentially the updated version of old Section 144 CrPC, which allows the Executive Magistrate to issue urgent orders to prevent danger to public peace, safety, or health.

✅ Who can issue the order?

• District Magistrate

• Sub-Divisional Magistrate

• Any Executive Magistrate specially empowered by the state

✅ Why can they issue it?

• To prevent obstruction, annoyance, injury

• To prevent danger to life, health, or safety

• To avoid disturbance of public tranquility

• To stop riots or affrays

✅ How long does the order last?

• Initially: up to 2 months

• Extendable by the State Government: up to 6 more months if necessary

✅ What kind of orders?

• Directing someone to abstain from certain acts

• Directing someone to manage/control certain property in their charge